Barkley v. GreenPoint Mortgage Funding, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that malpractice suit is not an apt remedy in termination cases and that monetary damages are wholly inadequate in such cases
• “To demonstrate excusable neglect, appellant must show lack of knowledge of entry of a judgment, extraordinary circumstances such as physical disability or unusual delay in transmission of the mail, or unique circumstances.”
• in determining whether appellant established excusable neglect, trial court “must focus primarily on the particular facts of an appellant’s failure to timely file an appeal,” although trial court may “take into account what he or she may have observed of [appellant’s] prior behavior”
• in determining 6 whether appellant established excusable neglect, trial court “must focus primarily on the particular facts of an appellant's failure to timely file an appeal,” although trial court may “take into account what he or she may have observed of [appellant’s] prior behavior”

Source: CourtListener parenthetical corpus (CC0).